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In short, there might be several reasons why you may want to challenge a will. Usually, clients feel they had to face some unfair treatment in the process, or overlooked in the distribution of an estate’s assets. It may be that you receive less than you believe you deserve. Alternatively, because money or an item you were promised didn’t come to you upon delivery of the will.

Some generally common reasons to challenge

In particular, there are many other reasons you can challenge a will.

• For example, the drafting, signing or witnessing of the will was negligent.
• Also, there’s reason to believe that the will is fraudulent or counterfeit.
• In addition, the testator was under undue pressure to sign.
• Finally, the testator didn’t have the mental capacity to sign a legal document; or didn’t understand what they were signing.

Likewise, if you believe you face unfair exclusion or providing for in a will, talk to The Inheritance Experts. Namely, for legal advice about making a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Above all, this law provides for people financially dependent on a person at their death, but who were not left adequate provision in the will. This is including the spouse, unmarried partner, or children of the testator.

For example, a successful challenge involves an unmarried couple who had been living together for six years. The testator, accordingly, didn’t change their original will, which states their ex-spouse is the estate’s primary beneficiary. After negotiation and mediation, the ‘new’ partner receives payment to recognise their financial situation. Moreover, it all happens in the negotiation stages, and without requiring the claim going to court.

Accordingly, Our Solicitors are:

In short, with will dispute, we always advise clients to contact us at the earliest opportunity. Hence, there are strict statutory timelines for challenging a will. Which is why it’s best to do so before the issuance of probate. Because after a grant of probate, there is only a six month period to make a claim within England & Wales.

Indeed, making a legal challenge has its complications. In particular, when you may be coping with painful emotions like grief, betrayal and anger. Our inheritance and will dispute solicitors will handle your claim with sensitivity and respect. Meanwhile, we’re protecting your best interests and ensuring the legal process proceeds in a fair and timely manner.

In comparison, some clients worry that they will face a lengthy court case. Indeed, it’s true that some inheritance disputes are heard in court. Yet many find a resolution outside of court through mediation and negotiation. Under your agreement with us, your lawyer not only represents your legal rights. But they also act as a buffer between you and the other party and minimise the risk of disputes caused by heightened emotions and personal accusations.

Resolution

Lastly, most claims can be finalised without litigation. For example: say that a claim cannot be resolved through alternative dispute resolution. In that case, the solicitor acting on behalf of the party contesting the will can take some steps. Usually, they’ll submit the case to court where it can take between 12 and 18 months to finalise.

Furthermore, our solicitors know that financial disagreements can cause lasting damage for even the strongest families. It’s usually wiser to obtain expert legal advice than to assume your rights will be given the respect it deserves. Consequently, contact The Inheritance Experts today and find out how we can help you.